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Causation, proof of

Cerny v. Marathon Oil Corp.

A Texas appellate court upheld a lower court decision dismissing a family's nuisance and negligence claims against two oil companies for alleged health and property damage stemming from hydraulic fracturing operations near their home....

Lancaster v. Northern States Power Co.

A district court dismissed property owners' CERCLA, tort, and state-law claims against a power company for alleged PCB contamination. A former employee of the company lived at the property before it was sold to the current owners. While...

<i>Rapanos v. United States</i>: Searching for a Significant Nexus Using Proximate Causation and Foreseeability Principles

Editors' Summary

 

The U.S. Supreme Court issued its decision in Rapanos v. United States more than four years ago. Because no single opinion garnered a majority of the Justices' votes, the controlling test for...

Making the Case for Causation in Toxic Tort Cases: Superfund Rules Don't Apply

While causation is often a paramount obstacle to prosecuting a toxic tort claim, judicial interpretation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) generally has eliminated consideration of...

June v. Union Carbide Corp.

The Tenth Circuit affirmed a lower court decision dismissing claims for alleged radiation injuries to residents of Uravan, Colorado, a former uranium and vanadium milling town owned and operated by two mining companies. The residents...

Anthony v. Chevron, USA, Inc.

The court affirms a district court holding that individuals failed to provide sufficient evidence of causation and damages to reach the jury on either water or soil pollution claims brought against an oil company. The individuals own...

Kennedy v. Southern Cal. Edison Co.

The court reverses and remands a district court decision dismissing a wrongful death action brought by the deceased's family and holds that a special jury instruction should have been given allowing for the possibility that exposure to...

Heller v. Shaw Indus., Inc.

The court holds that a district court properly excluded homeowners' expert testimony in a case alleging that volatile organic compounds (VOCs) emitted by a manufacturer's carpeting caused homeowners' respiratory illnesses. The court...

Causality in Epidemiology, Health Policy, and Law

Editors' Summary: Determining the impact that environmental forces have on human health is an integral part of environmental law and policy. A determination of this impact must, of course, begin with a determination of whether there...

In re Chevron U.S.A., Inc.

The court rejects a district court trial plan that provided for a unitary trial on general liability and causation in a mass tort case against an oil company that owned a crude oil storage waste pit on which plaintiff-appellees' homes...